Ruffin v. State

SIMPSON, Judge.

Prosecution for larceny of a heifer. From a judgment o.f conviction, the defendants appeal. Their defense was possession of the animal under bona fide claim of ownership and their evidence tended to support this contention. On the contrary, the evidence for the State supported the prosecutor’s claim of ownership.

The sole insistence of error urged by learned counsel for appellants is the refusal of the trial court to direct a verdic.t in favor of the defendants because the State allegedly failed to sustain its burden of proving a felonious taking.

Although an intent to steal and…